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CAUDILL v. SMITH

No. 934SC1293.

450 S.E.2d 8 (1994)

117 N.C. App. 64

Peggy Joyce Smith CAUDILL, Individually, and Harold J. Smith, Jr., as Executor of the Estate of Kitty Smith Noecker, Plaintiffs, v. Gladys Kinsey SMITH, Individually, and as the Administratrix of the Estate of Thomas K. Smith, Defendants.

Court of Appeals of North Carolina.

November 15, 1994.

Attorney(s) appearing for the Case

Burrows & Hall by Fredric C. Hall, Wallace, for plaintiffs-appellees.

White & Allen, P.A. by David J. Fillippeli, Jr. and John R. Hooten, Kinston, for defendant-appellee.

LEWIS, Judge.

Kitty Smith Noecker commenced this action to have declared void a deed in which she transferred real property to her brother, Thomas K. Smith. After the filing of the complaint, but before trial, both parties died and the substitutions named above were made. For purposes of this opinion, Kitty Smith Noecker will be referred to as "plaintiff," and Thomas K. Smith will be referred to as "defendant." The jury...

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